|SB 0996||Modifies the handling costs the prosecuting attorneys may charge a person for passing a bad check|
|LR Number:||4438L.10F||Fiscal Note:||4438-10|
|Committee:||Civil and Criminal Jurisprudence|
|Last Action:||05/12/00 - S Requested H Recede & Take up & Pass Bill||Journal page:||S1602H2058|
|Title:||HS HCS SB 996|
|Effective Date:||August 28, 2000|
HS/HCS/SB 996 - This act revises or creates various provisions relating to criminal law.
SECTION 1.160: Removes current language requiring defendants to get the benefit of a change in law prior to sentencing.
SECTION 43.500: Modifies the definition of "State offense cycle number or OCN" and adds a definition for "Missouri charge code".
SECTION 43.503: Currently, this section provides for appropriate criminal record keeping. New language requires the inclusion of charge codes in records and allows information to be electronically transmitted to the state highway patrol. Certain information must be provided for juveniles taken into custody. Juvenile authorities may information on juveniles who are certified as adults to the central repository.
Information for the central repository and fingerprints may be obtained at any time the subject is in custody. Prosecuting attorneys and City attorneys may request this information and the OCN at arraignment or another appropriate time. Nothing in this chapter prohibits the reporting of information to the central repository on violations not categorized as reportable offenses.
SECTION 43.506: Currently designates reportable offenses. Cases involving a child under seventeen and imposing a suspended imposition of sentence are removed. Other certain offenses that are currently exempted are removed from exemption.
SECTION 43.518: The Criminal Records Advisory Committee shall meet annually.
SECTION 43.530: Currently, this section establishes record fees. Fees will be $5 for information without a fingerprint search and $14 for information with a fingerprint search.
SECTION 43.532: New language allows information from the repository to be used for specific purposes; the subject may challenge the accuracy of the record.
SECTION 43.543: Current language regarding employee criminal history is removed. This act allows fingerprints to be submitted to the state highway patrol for criminal background checks by specific state agencies.
SECTIONS 50.550 & 50.555: Allows counties to create crime reduction funds, and specifies uses of the fund. (Similar to SB 298, 1999.)
SECTIONS 150.380 & 150.465: Includes flea market merchants in the definition of "itinerant vendor", and requires them to show receipts to law enforcement officers for new and used property being sold. (Similar to portion of HB 1738.)
SECTION 195.017: Adds gamma hydroxybutyric acid to Schedule I controlled substance list, and Schedule III when it is in a federally approved drug product. Adds ketamine to schedule III. (Similar to HB 1973.)
SECTIONS 199.170 & 199.180: Grants local board, including Director of Health for Springfield-Greene County Health Department, authority to file ex parte petition for emergency temporary commitment of certain persons with active tuberculosis. Outlines procedure for expedited hearing. (Similar to HB 1197.)
SECTION 210.865: Provides for continued confidentiality of certain acts by a delinquent child in information tracking systems.
SECTION 211.321: Currently provides for the confidentiality of juvenile records. New language provides for the inclusion of intelligence data on delinquent children with restricted access.
SECTION 217.750: Adds criminal nonsupport to the list of misdemeanors requiring probation. (Identical to HB 1654.)
SECTION 221.407: New language allows regional jail district commissions to submit a ballot question regarding the imposition of sales taxes for jail services, court facilities, and equipment. (Similar to SB 789 & HB 1072.)
SECTION 221.510: Implements "Jake's Law" to require outstanding warrant checks before prisoners are released.
SECTION 302.302: Currently establishes the point system for driver's licenses. This act adds provisions to impose points for careless and imprudent driving that causes an injury to a pedestrian or cyclist. (Similar to HB 1322.)
SECTION 407.308: Creates the crime of theft of service with intent to avoid payment.
SECTION 491.076: Allows hearsay exception for statements of elderly or disabled person made while under the stress of excitement at or near the time of an alleged crime. (Similar provision in HB 1615.)
SECTIONS 516.371 & 537.046: Removes the statute of limitations on personal injury actions for sexual contact by a person within the 3rd degree of consanguinity and childhood sexual abuse. (Similar to HB 1959.)
SECTION 544.170: Allows officials to detain a person without a warrant for 32 hours for suspicion of certain crimes.
SECTIONS 552.020 & 552.040: Currently outlines the procedure for acquitting someone based on mental disease or defect, and provides for everyone committed under this law to be kept in a "secure facility", which includes the Marshall Habilitation Center. A parent or guardian of a committed person may appeal their move to Marshall. (Similar to HB 1471.)
SECTION 556.036: In addition to murder and Class A felonies, allows prosecution at any time for sexual offenses. (556.037 is repealed). (Similar to HB 1959.)
SECTION 556.061: Defines "moderate physical injury" for criminal code.
SECTION 558.018: Allows extended terms of imprisonment for sexual assault, deviate sexual assault, child molestation, or sexual abuse.
SECTION 558.019: Allows the court to consider ordering restorative justice measures when a sentence is suspended, including payment to Crime Reduction Fund. (Similar to provision in SB 335, 1999.)
SECTION 559.021: Allows the court to order payment of money to a county crime reduction fund, not to exceed $1000 for any misdemeanor.
SECTION 565.030: Excludes mentally retarded individuals convicted of murder in the first degree from receiving the death penalty, and establishes the procedure for a hearing. (See SB 1047; HB 1225.)
SECTIONS 565.060 & 565.070: Includes as crimes of assault in the 2rd or 3rd degree if a person causes physical injury to a pedestrian or cyclist when recklessly operating a motor vehicle.
SECTION 565.084: Currently prohibits the crime of tampering with a judicial officer; act adds juvenile court officers to the definition. (Identical to HB 1855.)
SECTION 566.111: Creates Class D felony of bestiality. (See HB 1658.)
SECTION 568.052: Creates crime of leaving child unattended in a motor vehicle. (Similar to HB 1146.)
SECTION 568.065: Creates crime of genital mutilation, a Class B felony. (See HB 1234.)
SECTION 568.072: Creates Class A felony of unlawful drug transactions with a child, for knowingly exposing a child under seventeen to illegal activity in controlled substances. (See HB 1839.)
SECTION 568.176: Creates a Class B felony for selling a child under eighteen years of age; exempts adoption.(See HB 1168.)
SECTION 570.010: Adds a definition of "new and unused property".
SECTION 570.020: Value of property may be determined by price a merchant would charge, when the victim of stealing is a merchant.
SECTION 570.030: Changes felony stealing to a D felony for property or services between $150 - $500 and a C felony if $500 or more. (Similar to SB 671.)
SECTION 570.080: Changes the felony receipt of stolen property limit to $500 or more.
SECTION 570.083: Creates the crime of theft of property by Internet as a Class C felony. (See SB 1031; HB 1821.)
SECTION 570.090: Includes receipts and UPCs in the crime of forgery.
SECTION 570.120: Changes the amount of administrative handling costs in bad check cases.
SECTION 575.110: Knowing failure to deliver public records to successor constitutes tampering with a public record. Penalty increased from A misdemeanor to Class C felony.
SECTION 575.155: Creates Class A misdemeanor of eluding a law enforcement official. (See HB 1337, HB 1598.)
SECTION 575.230: Changes the penalty for aiding the escape of a prisoner from a Class D to a Class B felony. (See HB 1398.)
SECTION 577.020: Persons involved in certain motor vehicle accidents deemed to have given consent to test for blood alcohol content.
SECTION 610.120: Currently provides that closed records may be provided to certain entities. This act adds criminal justice agencies, criminal justice employment persons, law enforcement agencies, subjects of the records, agencies authorized by the state highway patrol, and agencies screening child care workers.
SECTIONS 650.400 & 650.403: Designates the Department of Public Safety as the central repository for crime records and requires creation of the central repository. (Similar to SCS/SB 980 and HB 1677.)
SECTIONS 650.406 - 650.415: Allows the Department of Public Safety to enter agreements with entities for statistical data on crime. Requires law enforcement agencies to cooperate with the collection of data. Provides that law enforcement agencies who do not comply with these sections may be ineligible to receive state or federal funds.
SECTION 1: Prohibits person less than 21 from dancing in adult cabaret; violation is Class A misdemeanor.
SECTIONS 2 & 3: Allows a hearing to determine restitution upon a guilty verdict in certain felonies. Board of Probation and Parole may require restitution as a condition of parole.
SECTION 4: Prohibits any person from paying any state funding in order to influence an elderly or disabled person to be admitted to a residential care facility; violation is a Class A misdemeanor.
SECTION 5: Any entity in violation of a state law relating to its performance of a contract with the state or any political subdivision shall be prohibited for 3 years form entering into other such contracts.
SECTION 6: Persons guilty of murder in the first or second degree or forcible rape shall only be granted parole hearings once every five years.
Many of the above provisions are identical to portions of
HA 1 - REVISES CRIMINAL ACTIVITY FORFEITURE ACT.
HA 2 - REVISES PROVISIONS RELATING TO REGISTRATION OF OFFENDERS AND CRIME VICTIMS' COMPENSATION FUND; CREATES OFFICE FOR VICTIMS OF CRIME.
HA 3 - DEPARTMENT OF REVENUE SHALL NOT PROVIDE ANY INFORMATION ON A DRIVER'S LICENSE, EXCEPT AS PROVIDED BY LAW.
HA 4 - ST. FRANCOIS COUNTY PROSECUTING ATTORNEY SHALL BE FULL- TIME; PROHIBITS OUTSIDE PRACTICE OF LAW.
HSA 1 for HA 5 - PROHIBITS PRIVATE JAILS UNLESS CERTAIN REQUIREMENTS ARE MET.
HA 6 - CREATES CLASS C FELONY OF STEALING A PET.
HA 7 - REVISES CRIME OF HARASSMENT TO REFERENCE COMMUNICATION BY ANY MEANS. REPEATEDLY COMMUNICATING TO ANOTHER PERSON FOR THE PURPOSE OF DISTURBING THAT PERSON IS A CLASS D FELONY.